Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: All citizens shall have the right to freedom of speech and expression.

FACTUAL SITUATION: Balwant Singh, a famous writer of a book, a criticized a book published by Salman: "Salman's book is foolish, he is a weak man, his book is indecent, his mind is impure, he is not a good character, he should write decent and good book."

QUESTION: Whether Balwant Singh can be liable or not?

• A. He is not liable because he has just expressed his personal views.
• B. He is liable and can be sued for defamation if his statement proves not to be true or said with a mala fide intention.
• C. He can't be liable because he has fundamental rights of freedom of speech and expression.
• D. He can't be sued because both are writer and both can criticized each other.

Answer 1

Answer: (B)

He is liable and can be sued for defamation if his statement proves not to be true or said with a mala fide intention.

The tort of defamation is constituted by the publication of false statement, without justification, which tends to lower the plaintiff's reputation in the estimation of right-thinking members of society or to injure him in his office, trade or profession or which causes him to be shunned or avoided. Hence, Balwant Singh can be sued for defamation.